Indian bodies can broadly be classified according to their:
Source of Creation
1. Constitutional Bodies
Created directly by:
The Constitution
2. Statutory Bodies
Created by:
An Act of Parliament or State Legislature
3. Executive Bodies
Created through:
Executive Action
such as:
Constitution → Constitutional
Act → Statutory
Executive Action → Executive
A:
Non-Constitutional Body
is any body whose existence is:
Not directly provided for by the Constitution.
This is a broader category.
It includes:
Created by legislation.
Created by executive action.
Every Statutory Body is Non-Constitutional.
But:
Every Non-Constitutional Body is NOT necessarily Statutory.
It may be:
Statutory or Executive.
INDIAN BODIES
↓
┌───────────┴───────────┐
↓ ↓
CONSTITUTIONAL NON-CONSTITUTIONAL
↓ ↓
Constitution ┌────────┴────────┐
as source ↓ ↓
STATUTORY EXECUTIVE
↓ ↓
ACT EXECUTIVE
ACTION
Non-Constitutional = Statutory + Executive
A Constitutional Body is:
Directly created or recognised by the Constitution.
Article 324 → Election Commission
Articles 315–323 → Public Service Commissions
Article 280 → Finance Commission
Article 148 → CAG
Article 338 → NCSC
Article 338A → NCST
Article 338B → NCBC
A Statutory Body is:
Created by legislation.
The legislation is called its:
Parent Act
Statutory = Statute = Act
An Executive Body is:
Created through executive action rather than directly through the Constitution or a parent statute.
Executive Body = Government-created through executive action
| Feature | Constitutional | Non-Constitutional |
|---|---|---|
| Source | Constitution | Act or Executive Action |
| Constitutional provision | Yes | No direct constitutional creation |
| Includes | Constitutional Bodies | Statutory + Executive |
| Examples | ECI, UPSC, CAG | NHRC, SEBI, NITI Aayog |
| Legal basis | Constitution | Statute/Executive decision |
Non-Constitutional does NOT mean illegal or unimportant.
It simply means:
Not directly created by the Constitution.
Both are:
Non-Constitutional Bodies
but their legal foundations differ.
| Feature | Statutory | Executive |
|---|---|---|
| Created by | Act | Executive action |
| Parent Act | Yes | No |
| Legal basis | Statute | Executive authority |
| Flexibility | Legislative | Administrative |
| Examples | SEBI, NHRC | NITI Aayog |
Parent Act → Protection of Human Rights Act, 1993
Function → Human Rights Protection
The Act specifically establishes the National Human Rights Commission and provides for its functions, powers, appointment, tenure and related matters. (India Code)
Statutory + Rights Protection
Parent Act → Central Vigilance Commission Act, 2003
Function → Vigilance / Anti-Corruption
Statutory
CVC → Vigilance
Parent Act → Right to Information Act, 2005
Function → Information / RTI
Statutory
CIC → Information
Parent Act → Lokpal and Lokayuktas Act, 2013
Function → Anti-Corruption Ombudsman
Statutory
Lokpal → Corruption
Parent Act → National Green Tribunal Act, 2010
Function → Environmental Justice
Statutory + Quasi-Judicial
NGT → Environment
Parent Act → Competition Act, 2002
Function → Competition Regulation
Statutory + Regulatory
CCI → Competition
Parent Act → SEBI Act, 1992
Function → Securities Market Regulation
Statutory + Regulatory
SEBI → Securities
Parent Act → Reserve Bank of India Act, 1934
Function → Monetary and Banking Functions
Statutory
RBI → Banking + Monetary
Legal Basis → Insolvency and Bankruptcy Code, 2016
Function → Insolvency Regulation
Statutory + Regulatory
IBBI → Insolvency
Parent Act → Consumer Protection Act, 2019
Function → Consumer Protection + Enforcement
The Consumer Protection Act establishes the CCPA and gives it regulatory, investigative and enforcement functions. (India Code)
Statutory + Regulatory
CCPA → Consumer Authority
Parent Act → Press Council Act, 1978
Function → Press Standards + Press Freedom
Statutory
PCI → Press
Basis → Executive Resolution
Function → Policy Advice + Coordination
Executive + Advisory
NITI Aayog is:
Not Constitutional
Not Statutory
Basis → Executive
Function → Development Planning + Coordination
Executive + Advisory/Coordination
It was not created directly by:
The Constitution
or:
An Act of Parliament
| Body | Constitutional? | Statutory? | Executive? |
|---|---|---|---|
| Election Commission | ✅ | ❌ | ❌ |
| UPSC | ✅ | ❌ | ❌ |
| Finance Commission | ✅ | ❌ | ❌ |
| CAG | ✅ | ❌ | ❌ |
| NCSC | ✅ | ❌ | ❌ |
| NCST | ✅ | ❌ | ❌ |
| NCBC | ✅ | ❌ | ❌ |
| NHRC | ❌ | ✅ | ❌ |
| CVC | ❌ | ✅ | ❌ |
| CIC | ❌ | ✅ | ❌ |
| Lokpal | ❌ | ✅ | ❌ |
| NGT | ❌ | ✅ | ❌ |
| CCI | ❌ | ✅ | ❌ |
| SEBI | ❌ | ✅ | ❌ |
| RBI | ❌ | ✅ | ❌ |
| IBBI | ❌ | ✅ | ❌ |
| CCPA | ❌ | ✅ | ❌ |
| Press Council | ❌ | ✅ | ❌ |
| NITI Aayog |
Created by Constitution
Created by Act
Created by Executive Action
Constitutional
↓
Direct Constitutional Basis
Non-Constitutional
↓
┌────┴────┐
↓ ↓
Statutory Executive
↓ ↓
Act Resolution/
Order
"A non-Constitutional body is necessarily a statutory body."
❌ Incorrect
A non-Constitutional body may be:
Statutory or Executive.
NITI Aayog → Executive
"Every statutory body is a non-Constitutional body."
✅ Correct
Because a statutory body derives its existence from:
Legislation
rather than directly from:
The Constitution
"Every Executive Body is a Constitutional Body because it exercises executive power."
❌ Incorrect
Executive power does not make an institution:
Constitutional Body
"An important or powerful government institution must be a Constitutional Body."
❌ Incorrect
Many powerful institutions are:
Statutory
Example:
SEBI
RBI
CCI
"Every Regulatory Body is a Constitutional Body."
❌ Incorrect
Many regulators are:
Statutory
Examples:
"Every Advisory Body is an Executive Body."
❌ Incorrect
An advisory body can be:
Statutory
or:
Executive
depending on its legal basis.
"Every Statutory Body is a Regulatory Body."
❌ Incorrect
Statutory bodies can be:
NHRC → Rights Protection
Lokpal → Ombudsman
NGT → Environmental Adjudication
This is one of the most important UPSC concepts.
Answers:
"How was the body created?"
Answers:
"What does the body do?"
Legal Status ≠ Functional Role
Statutory
Regulatory
SEBI = Statutory + Regulatory
Executive
Advisory/Policy
NITI Aayog = Executive + Advisory
Statutory
Regulatory + Enforcement
The Consumer Protection Act separately establishes consumer protection councils and the CCPA; the councils have advisory functions while the CCPA has regulatory and enforcement functions. (India Code)
CCPA = Statutory + Regulatory
Very important UPSC distinction.
Statutory
Regulatory + Enforcement
Statutory
Advisory
The Consumer Protection Act provides for Central, State and District Consumer Protection Councils and describes them as advisory in nature/functions, while separately establishing the CCPA. (India Code)
Authority → Action
Council → Advice
Remember:
Article 324
Articles 315–323
Articles 148–151
Article 280
Article 338
Article 338A
Article 338B
"Finance Commission is a statutory body because Parliament constitutes it."
❌ Incorrect.
Its constitutional basis is:
Article 280
"CAG is created by the CAG Act."
❌ Incorrect.
CAG is a:
Constitutional Body
under:
Article 148
Parliamentary legislation regulates aspects of its duties and powers, but its constitutional status comes from the Constitution.
"UPSC is a statutory recruitment agency."
❌ Incorrect.
UPSC is:
Constitutional
under:
Articles 315–323
Article 338
Article 338A
Article 338B
SC → 338
ST → 338A
BC → 338B
"NHRC is a Constitutional Body because it protects Fundamental Rights."
❌ Incorrect.
NHRC is:
Statutory
under the:
Protection of Human Rights Act, 1993. (India Code)
Constitutional Function ≠ Constitutional Body
"CVC is a Constitutional Body because it investigates corruption."
❌ Incorrect.
CVC is:
Statutory
"CIC is a Constitutional Body because the Right to Information is connected with Article 19."
❌ Incorrect.
CIC is:
Statutory
under:
RTI Act, 2005
A body can protect a:
Constitutional/Fundamental Right
without being a:
Constitutional Body
"Lokpal is a Constitutional Ombudsman."
❌ Incorrect.
Lokpal is:
Statutory
"NGT is a Constitutional Tribunal."
❌ Incorrect.
NGT is:
Statutory + Quasi-Judicial
"CCI is a Constitutional regulator."
❌ Incorrect.
CCI is:
Statutory + Regulatory
"SEBI is a Constitutional financial regulator."
❌ Incorrect.
SEBI is:
Statutory
"RBI is a Constitutional monetary authority."
❌ Incorrect.
RBI is:
Statutory
under the:
Reserve Bank of India Act, 1934
"IBBI is a Constitutional insolvency authority."
❌ Incorrect.
IBBI is:
Statutory
under the:
Insolvency and Bankruptcy Code, 2016
"NITI Aayog is a statutory body created by an Act of Parliament."
❌ Incorrect.
NITI Aayog is:
Executive
Executive
Advisory/Policy
Constitutional
Fiscal Recommendations
Both may advise the Government, but their:
Legal Status is different.
Executive + Advisory
Statutory + Regulatory
Statutory + Regulatory
Statutory + Regulatory
"A Statutory Body can never be abolished."
❌ Incorrect.
Its parent legislation can generally be:
Repealed or amended
subject to constitutional limitations.
"Every Executive Body is temporary."
❌ Incorrect.
An Executive Body may continue for a long period.
Executive = Legal Basis
not necessarily:
Temporary = Duration
"Every Statutory Body is completely independent of Government."
❌ Incorrect.
Independence depends on:
"Constitutional Bodies are beyond judicial review."
❌ Incorrect.
Constitutional Bodies remain subject to:
Constitution + Law + Judicial Review
"Non-Constitutional Bodies have no legal authority."
❌ Incorrect.
Statutory Bodies have:
Statutory Legal Authority
Executive Bodies operate under:
Executive Authority
subject to the Constitution and law.
Is a Statutory Body Non-Constitutional?
Yes.
Is every Non-Constitutional Body Statutory?
No.
Because:
Executive Bodies
are also:
Non-Constitutional
Think of:
NON-CONSTITUTIONAL BODIES
↓
┌────┴────┐
↓ ↓
STATUTORY EXECUTIVE
↓ ↓
SEBI NITI AAYOG
NHRC NDC
CCI
RBI
CVC
CIC
etc.
Statutory ⊂ Non-Constitutional
| Statement | Answer |
|---|---|
| Every Statutory Body is Non-Constitutional | ✅ Correct |
| Every Non-Constitutional Body is Statutory | ❌ Incorrect |
| NITI Aayog is Statutory | ❌ Incorrect |
| NITI Aayog is Executive | ✅ Correct |
| SEBI is Constitutional | ❌ Incorrect |
| SEBI is Statutory | ✅ Correct |
| CAG is Statutory | ❌ Incorrect |
| CAG is Constitutional | ✅ Correct |
| NHRC is Constitutional | ❌ Incorrect |
| NHRC is Statutory | ✅ Correct |
| Finance Commission is Statutory | ❌ Incorrect |
| Finance Commission is Constitutional | ✅ Correct |
| CCI is Regulatory | ✅ Correct |
| CCI is Constitutional | ❌ Incorrect |
| NGT is Statutory | ✅ Correct |
| NGT is Quasi-Judicial | ✅ Correct |
| Every Statutory Body is Regulatory | ❌ Incorrect |
| Every Regulatory Body is Statutory | ❌ Not necessarily |
| Every Executive Body is Temporary | ❌ Incorrect |
| Every Constitutional Body is Independent | ❌ Not necessarily |
| Every Constitutional Body is beyond Judicial Review | ❌ Incorrect |
Every statutory body is a non-Constitutional body.
✅ Correct
Every non-Constitutional body is statutory.
❌ Incorrect
Executive Bodies are also non-Constitutional.
NITI Aayog is a non-Constitutional body.
✅ Correct
NITI Aayog is a statutory body.
❌ Incorrect
It is an:
Executive Body
SEBI is a statutory body.
✅ Correct
SEBI is a Constitutional Body because it performs regulatory functions of national importance.
❌ Incorrect
NHRC is created under the Protection of Human Rights Act, 1993.
✅ Correct (India Code)
CCPA and Consumer Protection Councils perform exactly the same institutional role.
❌ Incorrect
CCPA has regulatory/enforcement functions, while Consumer Protection Councils are advisory. (India Code)
A body may be both statutory and regulatory.
✅ Correct
Example:
SEBI
A body may be both statutory and advisory.
✅ Correct
Example:
Consumer Protection Councils
Non-Constitutional bodies cannot exercise legal powers.
❌ Incorrect
Statutory Bodies exercise powers under their parent legislation.
A Constitutional Body cannot be subject to judicial review.
❌ Incorrect
ECI → Constitutional
SEBI → Statutory
CAG → Constitutional
RBI → Statutory
Finance Commission → Constitutional
NITI Aayog → Executive
NHRC → Statutory
NCSC → Constitutional
CCI → Statutory + Regulatory
NITI Aayog → Executive + Advisory
CCPA → Statutory + Regulatory
Council → Statutory + Advisory
NGT → Statutory + Quasi-Judicial
NITI Aayog → Executive + Advisory
Remember:
C-S-E
Constitutional → Constitution
Statutory → Statute
Executive → Executive Action
Remember:
N = S + E
Non-Constitutional
=
Statutory
Executive
Remember:
R-A-Q
Regulatory
Advisory
Quasi-Judicial
These are:
Functions
not necessarily:
Legal Categories
Think:
Act → Authority
Examples:
SEBI → SEBI Act
CCI → Competition Act
CVC → CVC Act
NHRC → Human Rights Act
NGT → NGT Act
IBBI → IBC
Think:
Resolution → Policy
Examples:
NITI Aayog
NDC
Think:
Article → Institution
Examples:
324 → ECI
280 → Finance Commission
148 → CAG
315–323 → UPSC/SPSC
338 → NCSC
338A → NCST
338B → NCBC
INDIAN BODIES
↓
┌────────┴────────┐
↓ ↓
CONSTITUTIONAL NON-CONSTITUTIONAL
↓ ↓
Constitution ┌────┴────┐
↓ ↓ ↓
ECI STATUTORY EXECUTIVE
UPSC ↓ ↓
CAG NHRC NITI AAYOG
FC CVC NDC
NCSC CIC
NCST LOKPAL
NCBC NGT
CCI
SEBI
RBI
IBBI
CCPA
PCI
↓
SOURCE OF CREATION
↓
┌───────────┼───────────┐
↓ ↓ ↓
CONSTITUTION ACT EXECUTIVE
ACTION
↓ ↓ ↓
LEGAL LEGAL ADMINISTRATIVE
BASIS BASIS BASIS
↓ ↓ ↓
FUNCTIONS FUNCTIONS FUNCTIONS
↓ ↓ ↓
REGULATORY / ADVISORY / QUASI-JUDICIAL /
AUDIT / RECRUITMENT / RIGHTS / FISCAL
Do not confuse legal status with function.
Who created it?
→ Constitution / Parliament / Executive
What is its legal basis?
→ Article / Act / Resolution
What does it do?
→ Regulates / Advises / Audits / Recruits / Protects / Adjudicates
Does it have statutory powers?
→ Check the parent Act.
CONSTITUTION → CONSTITUTIONAL BODY
ACT → STATUTORY BODY
EXECUTIVE ACTION → EXECUTIVE BODY
STATUTORY + EXECUTIVE
REGULATORY → RULE + MONITOR + ENFORCE
ADVISORY → ADVISE + RECOMMEND
QUASI-JUDICIAL → HEAR + DECIDE + ORDER
"Non-Constitutional" is a broader category than "Statutory".
Every Statutory Body is Non-Constitutional.
Not every Non-Constitutional Body is Statutory.
NITI Aayog proves the second statement.
| ❌ |
| ❌ |
| ✅ |
| NDC | ❌ | ❌ | ✅ |